Welcome to UpcomingEvents.com. UpcomingEvents.com
helps people organize, plan, market, advertise, promote, and buy & sell tickets to events and social
gatherings. The following pages contain our Terms of Service, which govern all
use of our Services.

ACCEPTANCE OF TERMS.

Overview.

The following terms and conditions (this
"TOS") govern all use by you as a user, visitor, customer, or event
Organizer (defined below) of (a) the UpcomingEvents.com LLC. websites and
domains (including all webpages, subdomains and subparts therein contained, the
"Site"), and (b) any and all services available on or through the
Site or otherwise provided by UpcomingEvents.com LLC ("UPCOMINGEVENTS.COM")
in connection with events listed on the Site (collectively, the
"Services"). The Services are owned and operated by UPCOMINGEVENTS.COM.
The Services are offered subject to your acceptance without modification of all
of the terms and conditions contained herein and all other operating rules,
policies and procedures that may be published from time to time on the Site by UPCOMINGEVENTS.COM.
BY USING OR ACCESSING ANY PART OF THE SERVICES, YOU AGREE TO ALL OF THE TERMS
AND CONDITIONS CONTAINED HEREIN AND ALL OTHER OPERATING RULES, POLICIES AND
PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE SITE BY UPCOMINGEVENTS.COM.
IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES, POLICIES OR
PROCEDURES, DO NOT USE OR ACCESS THE SERVICES.

Modification.

UPCOMINGEVENTS.COM reserves the right,
at its sole discretion, to modify or replace any of the terms or conditions of
this TOS at any time. It is your responsibility to check this TOS periodically
for changes. Your continued use of the Services following the posting of any
changes to this TOS constitutes acceptance of those changes. If any change to
this TOS is not acceptable to you, your sole remedy is to cease accessing,
browsing and otherwise using the Services.

DESCRIPTION OF UPCOMINGEVENTS.COM.

UPCOMINGEVENTS.COM provides event
organizers and planners ("Organizers") with the ability to promote
and market events and helps Organizers collect payments with respect to the promotion,
marketing, sale of tickets/registrations, merchandise and services for, and the
solicitation of donations with respect to, events registered on the Site from
users who want to attend such events ("Buyers", "attendees" or
"you"). Organizers may visit the Site, fill out a questionnaire about
their event, including pricing, location, inventory, etc., and collect event
registration fees online directly from Buyers. Payments may also be transacted
through PayPal, Google Checkout, Authorize.net or other third party payment service
methods (collectively, "Facilitated Payment Modes" or
"FPM") or the UPCOMINGEVENTS.COM payment processing gateway (the
"Gateway").

YOUR USE OF THE SERVICES.

UPCOMINGEVENTS.COM hereby grants you a
non-exclusive, non-transferable, non-sublicensable right to access and use the
Services solely for the purposes of browsing the Site, and searching for,
viewing, registering for, organizing, and/or interacting with, an event that is registered on
the Site, in each case (i) in compliance with this TOS, and (ii) to the extent
permitted under all applicable laws and regulations (foreign and domestic).
Notwithstanding the foregoing, you shall not, and shall not permit anyone else
to, directly or indirectly: (i) modify, reproduce or otherwise create
derivatives of any part of the Services or Site Content (as defined below);
(ii) reverse engineer, disassemble, decompile or otherwise attempt to discover
the source code or structure, sequence and organization of all or any part of
the Services (except that this restriction shall not apply to the limited
extent restrictions on reverse engineering are prohibited by applicable local
law); (iii) rent, lease, resell, distribute or use the Services for
timesharing, service bureau, or commercial purposes; (iv) remove or alter any
proprietary notices or labels on or in the Services or Site Content; (v) engage
in any activity that interferes with or disrupts the Services; or (vi) engage
in any fraudulent activity or activity that facilitates fraud.

PAYMENT.

Independent Relationship of FPMs.

When using a FPM, Organizers and Buyers
effect the applicable monetary payment transaction through the FPM service, and
are bound by the applicable terms of use governing the FPM service.

Refunds.

It is the responsibility of the
Organizer to communicate its refund policy on their event ticket page to Buyers and to issue refunds to
Buyers and, if applicable, via the Site or otherwise. Any refund policy is at the sole
discretion of Organizer and Organizer is not compelled to offer refunds to Buyer.
If a Buyer desires to request a refund, Buyer must request the refund from the Organizer
and Organizer is solely responsible for deciding whether or not to issue such
refund in accordance with its refund policy. All communications or disputes
regarding refunds are between the Organizer and Buyer and UPCOMINGEVENTS.COM
will not be responsible or liable in any way for refunds, errors in issuing
refunds, or lack of refunds in connection with the Services. All communications
and disputes regarding chargebacks and refunds are between the Organizer and
Buyer and UPCOMINGEVENTS.COM will not be responsible or liable in any way for
chargebacks in connection with a Buyer's use of the Services. If you are a
Buyer and you wish to request a refund in connection with an event listed on
the Services, you should contact the applicable Organizer directly. In the
event you are an Organizer and UPCOMINGEVENTS.COM processes the payment on your
behalf and there is a dispute or chargeback, you agree to reimburse UPCOMINGEVENTS.COM
for its costs associated with such chargeback.

Chargebacks.

In the event that you, the customer, do not receive an email confirmation with your
PDF tickets, you agree to click the "contact the organizer" link on the event. You
give your rights to a chargeback for not receiving your tickets by not following this
process and clicking that link. The Event Organizer will then reach out to you to
get you your PDF tickets. Further, once you check in to an event via signing a "sign in"
sheet or via get your ticket scanned, you agree that your ticket attended the event
and that your ticket purchase was completely fulfilled. If it your obligation to
keep your tickets safe and release UPCOMINGEVENTS.COM from any claims
that your tickets were not in your possesion when the check in or scan occurred.

YOUR REGISTRATION AND OTHER OBLIGATIONS.

General.

To be a registered user of the Services, whether as a Buyer, Attendee, or Organizer,
you agree to: (a) provide true, accurate, current and complete information
about yourself as prompted by the Site registration form (the
"Registration Data") and (b) maintain and promptly update the
Registration Data to keep it true, accurate, current and complete. If you
provide any information that is untrue, inaccurate, not current or incomplete,
or UPCOMINGEVENTS.COM has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, UPCOMINGEVENTS.COM has the
right to suspend or terminate all of your accounts and refuse any and all of
your current or future use of the Services (or any portion thereof). UPCOMINGEVENTS.COM
is concerned about the safety and privacy of all its users, particularly
children. For this reason, and to be consistent with the terms of use of any
FPM service provider or other third party service provider, you must be at
least 18 years of age, or the legal age of majority where you reside if that
jurisdiction has an older age of majority, to register for an account.

Representations; Warranties and Covenants of Organizers.

If You are an Organizer or other event
promoter using the Site or Services, by using the Services, you represent and
warrant the following: (i) you are a producer, promoter, presenter, or manager
of the Event; (ii) You have the authority and right to offer, sell, and honor
the tickets to the Event sold or promoted on our Site; (iii) the Event itself
and any material or content provided by You to us for use on the Site is/are
not (and does not contain, promote, or link to material or content that is) pornogranphic,
defamatory, grossly offensive, harassing, malicious, illegal, or otherwise
objectionable, and do not infringe or violate (or contain, promote or link to
material or content that infringes or violates) the rights of any person or
entity, including, but not limited to, copyright, trademark, trade secret,
proprietary, intellectual property, and rights of privacy and/or publicity,
whether by statute or common law; (iv) the Event is accurately and truthfully
described in the content when you list the Event on the Site; and (v) the Event
and the sale of tickets to the Event does not constitute a violation of any
federal, state, and/or local law. If You are an Organizer or other event
promoter using the Site or Services, by using the Services, you agree that you
will comply with all laws and regulations and that you will be solely
responsible for conduct of your agents and employees at the Events. You agree
that you are solely responsible for all taxes incurred in connection with your
Event(s) and your use of the Services.

TEXT MESSAGE TERMS AND CONDITIONS.

UPCOMINGEVENTS.COM may provide information, promotions, specials, ticket confirmations, and other marketing offers via text message to
users who have opted in. You may need to confirm your consent to receive our messages by following the instructions provided. You will receive
periodic messages each week or month. Consent is not required as a condition of purchasing any goods or services. Texts may be sent via our system.
Message and data rates may apply.

To stop receiving these texts, please follow the instructions provided in those messages or otherwise reply STOP to any text you receive from us.
You will receive a final text confirming your opt-out. If you change your mobile phone number, you agree to promptly notify us. If you have any
questions, you may reply HELP to any text.

By opting-in and participating in our text message program, you agree to be subject to our Terms of Use and Privacy Policy.

ACCOUNT, PASSWORD AND SECURITY.

You are responsible for maintaining the confidentiality of the password
and account, and are fully responsible for all activities that occur under your
account, including, without limitation, all actions by sub-users registered
under your account. You agree to (a) immediately notify UPCOMINGEVENTS.COM of
any unauthorized use of your password or account or any other breach of
security, and (b) ensure that you exit from your account at the end of each
session. UPCOMINGEVENTS.COM cannot and will not be liable for any loss, damage
or other liability arising from your failure to comply with this Section or
from any unauthorized access to or use of your account. In the event of any
dispute between two or more parties as to account ownership, you agree that UPCOMINGEVENTS.COM
shall be the sole arbiter of such dispute in its sole discretion and that UPCOMINGEVENTS.COM'S
decision (which may include termination or suspension of any account subject to
dispute) shall be final and binding on all parties.

CONTENT.

Site Content.

You agree that all material, including
without limitation information, data, software, text, design elements,
graphics, images and other content (collectively, "Content"),
contained in or delivered via the Services or otherwise made available by UPCOMINGEVENTS.COM
in connection with the Services (collectively, "Site Content") is
protected by copyrights, trademarks, service marks, trade secrets or other
intellectual property and other proprietary rights and laws. UPCOMINGEVENTS.COM
may own the Site Content or portions of the Site Content may be made available
to UPCOMINGEVENTS.COM through arrangements with third parties. Except as
expressly authorized by UPCOMINGEVENTS.COM in writing or in connection with
your use of the intended functionality of the Services, you agree not to sell,
license, rent, modify, distribute, copy, reproduce, transmit, publicly display,
publicly perform, publish, adapt, edit or create derivative works of any Site
Content, or post any Site Content on any other web site or in a networked
computer environment for any purpose. Reproducing, copying or distributing any
Site Content for any other purpose is strictly prohibited without the express
prior written permission of UPCOMINGEVENTS.COM. You shall use the Site Content
only for purposes that are permitted by this TOS and any applicable laws and
regulations (foreign and domestic). Any rights not expressly granted herein are
reserved.

Your Content.

You acknowledge and agree that if you
contribute, provide or make available any Content to the Site ("Your
Content"), you hereby grant to UPCOMINGEVENTS.COM a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable
(through multiple tiers) right and license to use, reproduce, adapt, modify,
distribute, translate, publish, create derivative works based on, perform,
display and otherwise exploit Your Content, in whole or in part, in any media
now known or hereafter developed, for any purpose whatsoever. You represent and
warrant that you have all the rights, power and authority necessary to grant
the foregoing license, and that all Your Content (i) does not infringe,
violate, misappropriate or otherwise conflict with the rights of any third
party, and (ii) complies with all applicable laws and regulations (foreign and
domestic). In addition, Your Content must be accurate and truthful. UPCOMINGEVENTS.COM
reserves the right to remove any of Your Content from the Site at any time if UPCOMINGEVENTS.COM
believes in its sole discretion that it does not comply with this TOS or for any other reason UPCOMINGEVENTS.COM deems necessary. In
addition, you agree that UPCOMINGEVENTS.COM may use your name and logo (whether
or not you have made it available through the Site) for the purpose of
identifying you as an existing or past customer of UPCOMINGEVENTS.COM both on
the Site and in marketing and promotional materials.

Grant of Likeness.

You grant permission to UPCOMINGEVENTS.COM to utilize your name, image,
likeness, acts, poses, plays, appearance, movements, and statements in any live
or recorded audio, video, or photographic display or other transmission, exhibition,
publication or reproduction made of, or at, an event (regardless of whether
before, during or after such event) for any purpose, in any manner, in any
medium or context now known or hereafter developed, without further
authorization from, or compensation to, you or anyone acting on your behalf.

DMCA.

The Digital Millennium Copyright Act of
1998 (the "DMCA") provides recourse for copyright owners who believe
that material appearing on the Internet infringes their rights under U.S.
copyright law. If you believe in good faith that any Content made available in
connection with the Services infringes your copyright, you (or your agent) may
send us a notice requesting that the Content be removed, or access to it
blocked. Notices and counter-notices must meet the then-current statutory
requirements imposed by the DMCA (see http://www.loc.gov/copyright for details).
Notices and counter notices with respect to the Services should be sent to:

You understand that you are liable for
all Content, in whatever form, that you provide or otherwise make available to
or through the Services, including to Organizers, Buyers and other
non-Organizers. You agree not to use the Services to:

impersonate any person or entity,
including, but not limited to, an UPCOMINGEVENTS.COM representative or
forum leader, or falsely state or otherwise misrepresent your affiliation
with a person or entity;

forge headers or otherwise
manipulate identifiers in order to disguise the origin of any Content
transmitted through the Services;

upload, post, email, transmit or
otherwise make available any Content that you do not have a right to make
available under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or under
nondisclosure agreements);

upload, post, email, transmit or
otherwise make available any Content that infringes any patent, trademark,
trade secret, copyright or other intellectual property or proprietary
rights of any person or entity;

upload, post, email, transmit or
otherwise make available any Content related to the sale or provision of
goods and services other than the sale or provision of tickets and
registrations to events listed on the Site and other goods and services
being sold or provided in conjunction with such events;

upload, post, email, transmit or
otherwise make available any Content that contains software viruses or any
other computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware or
telecommunications equipment or to otherwise interact with the Services in
a manner not permitted by this TOS or expressly authorized by UPCOMINGEVENTS.COM;

interfere with or disrupt the
Services or servers or networks connected to the Services, or disobey any
requirements, procedures, policies or regulations of networks connected to
the Services;

intentionally or unintentionally
violate any applicable law or regulation (foreign or domestic), including
without limitation (i) regulations promulgated by the U.S. Securities and
Exchange Commission, any rules of any national or other securities
exchange (e.g., the New York Stock Exchange, the American Stock Exchange
or the NASDAQ) and (ii) laws and regulations (foreign or domestic)
regarding the sale or resale of tickets (including without limitation with
respect to licensure requirements, maximums or limits on ticket prices,
etc.); or

stalk or otherwise harass any person or entity.

Certain Remedial Rights.

You acknowledge that UPCOMINGEVENTS.COM
does not pre-screen any Content provided or made available by or to you or any
third party in connection with the Services, but that UPCOMINGEVENTS.COM and
its designees shall have the right (but not the obligation) in their sole
discretion to (i) monitor, alter, edit, or remove any of your Content, in whole
or in part, and/or (ii) rescind and terminate your right to use the Services at
any time (with or without notice) for any reason or no reason. You acknowledge
and agree that UPCOMINGEVENTS.COM may preserve Your Content and may also
disclose Your Content for any reason, including without limitation if required
to do so by law or in the good faith belief that such preservation or
disclosure is reasonably necessary to: (a) comply with legal process; (b)
enforce this TOS; (c) respond to claims that any of Your Content violates the
rights of third parties; and/or (d) protect the rights, property, or personal
safety of UPCOMINGEVENTS.COM, its users and/or the public. You understand that
the technical processing and transmission of the Services, including Your
Content, may involve (i) transmissions over various networks; and/or (ii)
changes to conform and adapt to technical requirements of connecting networks
or devices.

SPECIAL ADMONITIONS FOR INTERNATIONAL USE.

Recognizing the global nature of the
Internet, you agree to comply with all local rules regarding online conduct and
acceptable Content. By way of illustration and not limitation, you agree to
comply with all applicable laws and regulations (foreign and domestic)
regarding the transmission of technical data exported from the United States or
the country in which you reside.

In addition, the Services are subject to
United States export controls. No part of the Services may be exported or
re-exported into, or to a national or resident of, any country to which the
U.S. has embargoed goods and/or services of the same type as the Services. By
using the Services or any part thereof (including by downloading any Software),
you represent and warrant that you are not located in, and you are not a
national or resident of, any such country. Further, no part of the Services (including
any Software) may be exported or re-exported to any person or entity appearing
on the Office of Foreign Assets Control's Specially Designated Nationals and
Blocked Persons List or the Bureau of Industry and Security's Denied Persons
List. By using the Services or any part thereof (including by downloading any
Software), you represent and warrant that you are not a person or entity or
under the control of or affiliated with a person or entity that appears on any
such list.

INDEMNITY.

You agree to defend, indemnify and hold UPCOMINGEVENTS.COM,
and its affiliates, and each of its and their respective officers, directors,
agents, co-branders, other partners, and employees, harmless from any and all
damage (whether direct, indirect, incidental, consequential or otherwise),
loss, liability, cost and expense (including, without limitation, reasonable
attorneys' and accounting fees) resulting from any claim, judgement, demand, suit,
proceeding (whether before an arbitrator, court, mediator or otherwise), or
investigation made by any third party (each a "Claim") due to or
arising out of: your Content; the events listed on the Service; your use of,
contribution to or connection with the Service; your violation of this TOS;
and/or your violation of any rights of another. UPCOMINGEVENTS.COM shall
provide notice to you of any such Claim, provided that the failure or delay by UPCOMINGEVENTS.COM
in providing such notice shall not limit your obligations hereunder. UPCOMINGEVENTS.COM
reserves the right to assume the exclusive defense and control of any matter
which is subject to indemnification under this Section, and in such case, you
agree to cooperate with all reasonable requests in assisting UPCOMINGEVENTS.COM's
defense of such matter.

SERVICE MODIFICATIONS/SUSPENSIONS.

UPCOMINGEVENTS.COM reserves the right at
any time to, and from time to time may, modify, suspend or discontinue,
temporarily or permanently, the Services (or any part thereof) for any reason
or no reason with or without notice. You agree that UPCOMINGEVENTS.COM shall
not be liable to you or to any third party for any modification, suspension or
discontinuance of the Services.

TERMINATION.

UPCOMINGEVENTS.COM, in its sole
discretion, may terminate your password (if applicable), accounts (or any part
thereof) and/or your right to use the Services, and remove and discard any and
all of Your Content within the Services, at any time for any reason or no
reason, including, without limitation, for lack of use, failure to timely pay any
fees or other monies due UPCOMINGEVENTS.COM, or if UPCOMINGEVENTS.COM believes
that you have violated or acted inconsistently with the letter or spirit of
this TOS. You agree that any termination of your right to use the Services may
be effected without prior notice, and acknowledge and agree that UPCOMINGEVENTS.COM
may immediately deactivate or delete your account and all related Content and
files related to your account and/or bar any further access to such files or
the Services. Further, you agree that UPCOMINGEVENTS.COM shall not be liable to
you or any third-party for any termination of your right to use or otherwise
access the Services. All provisions of this TOS that by their nature should
survive termination of your right to use the Services shall survive (including,
without limitation, all limitations on liability, releases, indemnification
obligations, disclaimers of warranties, and intellectual property protections
and licenses).

LINKS.

The Services may provide, or third
parties may provide, links to other Internet websites or resources. Because UPCOMINGEVENTS.COM
has no control over such websites and resources, you acknowledge and agree that
UPCOMINGEVENTS.COM is not responsible for the availability of such websites or
resources, and does not endorse and is not responsible or liable for any
Content, advertising, products, services or other materials on or available
from such websites or resources. You further acknowledge and agree that UPCOMINGEVENTS.COM
shall not be responsible or liable for any damage or loss caused or alleged to
be caused by or in connection with any use of or reliance on any such Content,
advertising, products, services or other materials available on or through any
such website or resource.

DISCLAIMER OF WARRANTIES.

THE SERVICES ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. UPCOMINGEVENTS.COM HEREBY
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE,
NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. UPCOMINGEVENTS.COM MAKES
NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE
SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR
RELIABLE, (IV) THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS,
SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU, OR EVENTS
ATTENDED, THROUGH THE SERVICES, OR THE SERVICES THEMSELVES (OR ANY PART
THEREOF), WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES WILL
BE CORRECTED. UPCOMINGEVENTS.COM IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY
FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, BUYER OR
OTHER NON-ORGANIZER, ORGANIZER OR THIRD PARTY BEFORE, DURING AND/OR AFTER AN
EVENT; AND UPCOMINGEVENTS.COM WILL HAVE NO LIABILITY WITH RESPECT TO ANY
WARRANTY DISCLAIMED IN (I) THROUGH (V) ABOVE. YOU ACKNOWLEDGE THAT UPCOMINGEVENTS.COM
HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF
EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS' (INCLUDING BUYERS',
OTHER NON-ORGANIZERS' AND ORGANIZERS') CONTENT OR LISTINGS, OR THE ABILITY OF
ANY USER (INCLUDING BUYERS, OTHER NON-ORGANIZERS AND ORGANIZERS) TO PERFORM, OR
ACTUALLY COMPLETE A TRANSACTION. YOU ASSUME ALL RISKS ASSOCIATED WITH ATTENDING
OR PROMOTING AN EVENT THROUGH THE SERVICES. THE FOREGOING DISCLAIMERS SHALL NOT
APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Notwithstanding the
foregoing, you may report the misconduct of users, Buyers, other non-Organizers,
Organizers and/or third parties in connection with the Site or any Services to UPCOMINGEVENTS.COM.
UPCOMINGEVENTS.COM, in its sole discretion, may investigate the claim and take
necessary action.

LIMITATION OF LIABILITY.

UPCOMINGEVENTS.COM SHALL NOT BE LIABLE
UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT,
OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THIS
TOS, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR
EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF UPCOMINGEVENTS.COM HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT
OF SUBSTITUTE SERVICES, (III) AMOUNTS IN EXCESS OF US$100.00 (OR IN THE CASE OF
ORGANIZERS, THE AMOUNT ACTUALLY RECEIVED BY UPCOMINGEVENTS.COM FROM YOU IN
CONNECTION WITH THE SERVICES) IN THE AGGREGATE FOR ALL CLAIMS WITH RESPECT TO
THE SERVICES, OR (IV) ANY MATTERS BEYOND UPCOMINGEVENTS.COM'S REASONABLE
CONTROL. UPCOMINGEVENTS.COM SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR
CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES. IN ADDITION, UPCOMINGEVENTS.COM
IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY
THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES (INCLUDING,
WITHOUT LIMITATION, ANY FPM SERVICE), AND UPCOMINGEVENTS.COM HAS NO
RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS
OR OMISSIONS OF ANY SUCH THIRD PARTY SERVICE PROVIDER. THE FOREGOING
LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

RELEASE.

IN CONSIDERATION OF BEING PERMITTED TO
ACCESS AND USE THE SERVICES, YOU HEREBY AGREE TO RELEASE UPCOMINGEVENTS.COM,
AND ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, MEMBERS,
MANAGERS, DIRECTORS, AGENTS, CO-BRANDERS, OTHER PARTNERS, AND EMPLOYEES FROM
ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE),
LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND
UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN YOU AND
THIRD PARTIES (INCLUDING OTHER ORGANIZERS, BUYERS, AND OTHER NON-ORGANIZERS) IN
CONNECTION WITH THE SERVICES, YOUR ACCESS AND USE OF THE SERVICES, OR ANY
EVENTS LISTED THEREON.

IN CONNECTION WITH THE FOREGOING
RELEASE, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE 1542 AND ANY OTHER APPLICABLE
LAW OR STATUTE, WHICH SAYS, IN SUBSTANCE:

"A GENERAL RELEASE DOES NOT EXTEND
TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT
THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY
AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

PRIVACY.

All information provided by you or
collected by UPCOMINGEVENTS.COM in connection with the Services is governed by UPCOMINGEVENTS.COM's
Privacy Policy, a copy of which is located here,
which is hereby incorporated by reference into this TOS. UPCOMINGEVENTS.COM strongly recommends
that you review the Privacy Policy closely. Further, any information submitted
or provided by you to the Services may be publicly accessible. You should take
care to protect private information or information that is important to you. UPCOMINGEVENTS.COM
shall not be responsible for protecting any such information and is not liable
for the protection of privacy of electronic mail or other information
transferred through the Internet or any other network that you may use. Please
be aware that if you decide to disclose personally identifiable information on
the Services, this information may become public. UPCOMINGEVENTS.COM does not
control and shall not be responsible for the acts of you or any other users
(whether Organizers, Buyers, other non-Organizers or otherwise) of the
Services.

NOTICE.

Notices to you may be made via either
email or regular mail to the address in UPCOMINGEVENTS.COM's records. The
Services may also provide notices of changes to this TOS or other matters by
displaying notices or links to notices to you generally on the Services. Any
notice from you to us shall be sent in writing to our mailing address at:

This TOS constitutes the entire
agreement between you and UPCOMINGEVENTS.COM and governs your use of the
Services, superseding any prior or contemporaneous agreements, proposals,
discussions or communications between you and UPCOMINGEVENTS.COM on the subject
matter hereof. You also may be subject to additional terms and conditions that
may apply when you use affiliate services, third party Content, third party
software or the Services in a manner other than as governed by this TOS. If
you are an Organizer, you may be subject to additional terms and conditions
that may apply to your use of the Services.

Choice of Law.

This TOS and the provision of the
Services to you are governed by the laws of the state of New Jersey, U.S.A., as
such laws are applied to agreements entered into and to be performed entirely
within New Jersey by New Jersey residents.

Arbitration.

Any controversy or claim arising out of
or relating to this TOS or the provision of the Services shall be exclusively
settled by binding arbitration in accordance with the commercial arbitration
rules of the Judicial Arbitration and Mediation Service, Inc. Any such
controversy or claim shall be arbitrated on an individual basis, and shall not
be consolidated in any arbitration with any claim or controversy of any other
party. The arbitration shall be conducted in Camden, New Jersey, and judgment
on the arbitration award may be entered in any court having jurisdiction
thereof. Subject to the foregoing arbitration provision, you and UPCOMINGEVENTS.COM
agree to submit to the personal jurisdiction of the courts located within the
city and county of Camden, New Jersey. Either you or UPCOMINGEVENTS.COM may
seek any interim or preliminary relief from a court of competent jurisdiction
in Camden, New Jersey, necessary to protect the rights or property of you or UPCOMINGEVENTS.COM
(or its agents, suppliers, and subcontractors) pending the completion of
arbitration.

Waiver; Invalid Provisions.

The failure or delay of UPCOMINGEVENTS.COM
to exercise or enforce any right or provision of this TOS shall not constitute
a waiver of such right or provision. No oral waiver, amendment or modification
shall be effective under any circumstance whatsoever. If any provision of this
TOS is found by an arbitrator or court of competent jurisdiction to be invalid,
the parties nevertheless agree that the arbitrator or court should endeavor to
give effect to the parties' intentions as reflected in the provision, and the
other provisions of this TOS shall remain in full force and effect.

Time to File Claim.

You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out of or related
to use of the Services or this TOS must be filed within two (2) years after
such claim or cause of action arose or be forever barred.

Titles.

The section titles in this TOS are for
convenience only and have no legal or contractual effect.